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48490 Federal Register / Vol. 70, No.

159 / Thursday, August 18, 2005 / Rules and Regulations

foreseeable future throughout all or a implement provisions of the Paperwork U.S. Air Force. 2002. Barrens Management
significant portion of its range. Given Reduction Act (44 U.S.C. 3501 et seq.), Plan for Arnold Air Force Base. Tullahoma,
the expanded range, number of newly require that Federal agencies obtain Tennessee. 63 pp.
discovered population locations and approval from OMB before collecting U.S. Air Force. 2001. Eggert’s Sunflower
(Helianthus eggertii) Management Plan for
individuals, the increased knowledge of information from the public. This rule Arnold Air Force Base. Tullahoma,
the genetics of this species, and the does not contain any new collections of Tennessee. 47 pp.
protection offered by State and Federal information that require approval by the U.S. Fish and Wildlife Service. 1999a.
landowners, we conclude, based on the Office of Management and Budget Recovery Plan for Helianthus eggertii
best scientific and commercial (OMB) under the Paperwork Reduction Small (Eggert’s sunflower). Atlanta,
information, that H. eggertii does not Act. This rule will not impose Georgia. 40 pp.
warrant the protection of the Act. recordkeeping or reporting requirements U.S. Fish and Wildlife Service. 1999b.
Therefore, we are removing H. eggertii on State or local governments, Endangered and Threatened Wildlife and
from the Federal List of Endangered and individuals, businesses, or Plants 50 CFR 17.11 and 17.12; As of
December 31, 1999. Special Reprint. U.S.
Threatened Plants. organizations. An agency may not Government Printing Office. p. 56.
Effect of This Rule conduct or sponsor, and a person is not
required to respond to, a collection of Author
This rule will revise 50 CFR 17.12(h) information unless it displays a
to remove Helianthus eggertii from the The primary author of this proposed
currently valid OMB control number. rule is Timothy Merritt (see ADDRESSES
List of Endangered and Threatened
Plants. Because no critical habitat was National Environmental Policy Act section).
ever designated for this species, this We have determined that we do not List of Subjects in 50 CFR Part 17
rule will not affect 50 CFR 17.96. need to prepare an Environmental
Once this species is removed from the Endangered and threatened species,
Assessment, as defined by the National Exports, Imports, Reporting and
List of Endangered and Threatened
Environmental Policy Act of 1969, in recordkeeping requirements,
Plants, Endangered Species Act
connection with regulations adopted Transportation.
protection will no longer apply.
pursuant to section 4(a) of the
Removal of H. eggertii from the List of Regulation Promulgation
Endangered Species Act. We published
Endangered and Threatened Plants will
a notice outlining our reasons for this ■ For the reasons given in the preamble,
relieve Federal agencies from the need
determination in the Federal Register we amend part 17, subchapter B of
to consult with us to insure that any
on October 25, 1983 (48 FR 49244). chapter I, title 50 of the Code of Federal
action they authorize, fund, or carry out
is not likely to jeopardize the continued References Cited Regulations, as set forth below:
existence of this species. Alabama Natural Heritage Database. 2003. PART 17—[AMENDED]
Post-Delisting Monitoring Alabama Natural Heritage Program,
Montgomery, Alabama. ■ 1. The authority citation for part 17
The 1988 amendments to the Act Alabama Natural Heritage Database. 2004. continues to read as follows:
(section 4(g)(1)) require us to implement Alabama Natural Heritage Program,
a system, in cooperation with the States, Montgomery, Alabama. Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
to monitor all species that have been Cruzan, M.B. 2002. Population and 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
delisted due to recovery for at least 5 Ecological Genetics of Helianthus eggertii 625, 100 Stat. 3500; unless otherwise noted.
years following delisting. The purpose Report. Prepared for Arnold Engineering § 17.12 [Amended]
of this post-delisting monitoring (PDM) Development Center at Arnold Air Force
is to verify that a species that is delisted Base. ■ 2. Amend § 17.12(h) by removing the
Jones, R.L. 1991. Status report on Helianthus entry ‘‘Helianthus eggertii’’ under
due to recovery remains secure from the eggertii. Prepared for the U.S. Fish and
risk of extinction after it no longer has ‘‘Flowering Plants’’ from the List of
Wildlife Service, Asheville Field Office, Endangered and Threatened Plants.
the protections of the Act. If the species through the Kentucky State Nature
does not remain secure, we can use the Preserves Commission. Dated: July 20, 2005.
emergency listing authorities under Kentucky Natural Heritage Database. 2003. Marshall Jones,
section 4(b)(7) of the Act. Section 4(g) of Kentucky State Nature Preserves Acting Director, Fish and Wildlife Service.
the Act explicitly requires cooperation Commission, Frankfort, Kentucky.
[FR Doc. 05–16274 Filed 8–17–05; 8:45 am]
with the States in development and Kentucky Natural Heritage Database. 2004.
Kentucky State Nature Preserves BILLING CODE 4310–55–P
implementation of PDM programs.
Commission, Frankfort, Kentucky.
However, we are responsible for Spring, O., and E.E. Schilling. 1991. The
compliance with section 4(g) and must sesquiterpene lactone chemistry of DEPARTMENT OF COMMERCE
remain actively engaged in all phases of Helianthus Sect. Atrorubentes (Asteraceae:
the PDM. Heliantheae). Biochemical Systematices National Oceanic and Atmospheric
The Service has drafted a PDM plan and Ecology 19:59–79. Administration
for Eggert’s sunflower and is making it Starnes, J.H. 2004. Effects of Management
available for review and comment in a and Population Size on Genetic Diversity 50 CFR Part 635
separate notice in this issue of the of Eggert’s Sunflower (Helianthus eggertii;
Federal Register (see the Notices section Asteraceae). Master Thesis. Western
Kentucky University. 62 pp. [I.D. 080405B]
of today’s Federal Register). Following
Tennessee Natural Heritage Database. 2003.
the end of the comment period, any Tennessee Department of Environment and Atlantic Highly Migratory Species;
comments will be incorporated as Conservation, Division of Natural Heritage, Atlantic Bluefin Tuna Fisheries
appropriate into the final PDM plan. Nashville, Tennessee.
Tennessee Natural Heritage Database. 2004. AGENCY: National Marine Fisheries
Paperwork Reduction Act of 1995 Service (NMFS), National Oceanic and
Tennessee Department of Environment and
Office of Management and Budget Conservation, Division of Natural Heritage, Atmospheric Administration (NOAA),
(OMB) regulations at 5 CFR 1320, which Nashville, Tennessee. Commerce.

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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations 48491

ACTION: Temporary rule; inseason DATES: The effective dates for BFT daily options related to a recommendation of
retention limit adjustment. retention limits are provided in Table 1 the International Commission for the
under SUPPLEMENTARY INFORMATION. Conservation of Atlantic Tunas (ICCAT)
SUMMARY: NMFS has determined that FOR FURTHER INFORMATION CONTACT: Brad regarding a four-year average, 8 percent
the daily Atlantic bluefin tuna (BFT) McHale, 978–281–9260. tolerance on harvest of school BFT.
retention limits for the Atlantic tunas SUPPLEMENTARY INFORMATION: Numerous comments were received on
General and Highly Migratory Species Regulations implemented under the this issue as well as a wide range of
(HMS) Charter/Headboat categories authority of the Atlantic Tunas topics, including inseason management
should be adjusted. The adjustment will Convention Act (16 U.S.C. 971 et seq.) measures for the General and HMS
allow maximum utilization of the and the Magnuson-Stevens Fishery Charter/Headboat categories throughout
General category September time-period Conservation and Management Act the 2005 fishing year. Section 635.27
subquota, and will enhance recreational (Magnuson-Stevens Act; 16 U.S.C. 1801 subdivides the U.S. BFT quota
BFT fishing opportunities aboard HMS et seq.) governing the harvest of BFT by recommended by the ICCAT among the
Charter/Headboat vessels in the later persons and vessels subject to U.S. various domestic fishing categories.
portion of the season. Therefore, NMFS jurisdiction are found at 50 CFR part Daily Retention Limits
increases the daily BFT retention limits 635. The 2005 BFT fishing year began
to provide enhanced commercial on June 1, 2005, and ends May 31, 2006. Pursuant to this action and the final
General category and recreational HMS The final initial 2005 BFT specifications initial 2005 BFT specifications, noted
Charter/Headboat fishing opportunities and General category effort controls above, the daily BFT retention limits for
in all areas while minimizing the risk of were provided on June 7, 2005 (70 FR Atlantic tunas General, HMS Charter/
an overharvest of the General and 33033). During this rulemaking, NMFS Headboat, and HMS Angling categories
Angling category BFT quotas. specifically requested comment on are as follows:

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS


Permit Category Effective Dates Areas BFT Size Class Limit

General August 1 through September 30, All Two BFT per vessel per day/trip,
2005, inclusive measuring 73 inches (185 cm)
curved fork length (CFL) or larger

October 1, 2005, through January All One BFT per vessel per day/trip,
31, 2006, inclusive measuring 73 inches (185 cm)
CFL or larger

Charter/Headboat August 1 - 31, 2005, inclusive All One BFT per vessel per day/trip,
measuring 27 to less than 73
inches (69 to less than 185 cm)
CFL

September 1 - 30, 2005, inclusive All Three BFT per vessel per day/
trip, measuring 27 to less than 73
inches (69 to less than 185 cm)
CFL. Of the three BFT, a max-
imum of two BFT are allowed per
vessel per day/trip measuring 27
to less than 47 inches (69 to less
than 119 cm) CFL

October 1, 2005, through May All One BFT per vessel per day/trip,
31, 2006, inclusive measuring 27 to less than 73
inches (119 to less than 185 cm)
CFL

Angling June 1, 2005, through May 31, All One BFT per vessel per day/trip,
2006, inclusive measuring 27 to less than 73
inches (69 to less than 185 cm)
CFL

Adjustment of General Category Daily 33039), NMFS adjusted the commercial through January 31, 2006, inclusive, the
Retention Limits daily BFT retention limit, in all areas, General category daily BFT retention
for those vessels fishing under the limit was scheduled to revert to one
Under 50 CFR 635.23(a)(4), NMFS General category quota, to two large large medium or giant BFT per vessel
may increase or decrease the General medium or giant BFT, measuring 73 per day/trip.
category daily retention limit of large
inches (185 cm) or greater curved fork The June through August time-period
medium and giant BFT over a range
length (CFL), per vessel per day/trip. subquota allocation for the 2005 fishing
from zero (on Restricted Fishing Days)
This retention limit was to remain in year totaled approximately 540 metric
to a maximum of three per vessel to
effect through August 31, 2005, tons (mt). As of August 5, 2005, 32.5 mt
allow for maximum utilization of the
quota for BFT. On June 7, 2005 (70 FR inclusive. From September 1, 2005, have been landed in the General

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48492 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations

category and catch rates equal fishing opportunities, to help achieve for vessels permitted in the HMS
approximately 0.5 mt per day. If catch optimum yield in the General category Charter/Headboat category, reverted
rates are to remain at current levels, BFT fishery, to collect a broad range of back to one school, large school, or
approximately 13 mt would be landed data for stock monitoring purposes, and small medium BFT, per vessel per day/
during the remainder of August. This to be consistent with the objectives of trip. This default daily retention limit
projection would bring the June though the HMS FMP. was scheduled to remain in place
August time-period subquota landings through May 31, 2006, inclusive.
Adjustment of HMS Charter/Headboat
to approximately 45 mt, resulting in an Based on available quota, historical
Permit Category Daily Retention Limits
underharvest of approximately 500 mt.
A recommendation of ICCAT requires information regarding fish migration
This carryover combined with the
that NMFS limit the catch of school patterns, BFT availability off the east
September time-period subquota
BFT, measuring 27 to less than 47 coast, particularly off the mid-Atlantic
allocation of 270 mt would allow for
inches (69 to less than 119 cm) CFL, to states, and current recreational BFT
770 mt to be harvested in the month of
September. In combination with an no more than 8 percent by weight of the catch information derived from the
expected subquota rollover from the total domestic landings quota over each Maryland BFT tagging program and
June through August time-period, the four-consecutive-year period. NMFS is Automated Landing Reporting System
September time-period subquota implementing this ICCAT (ALRS), NMFS has determined that a
allocation, current catch rates, and the recommendation through annual and modest increase in the daily retention
daily retention limit reverting to one inseason adjustments to the school BFT limit, of a limited duration, is
large medium or giant BFT per vessel retention limits, as necessary, and appropriate for HMS Charter/Headboat
per day on September 1, 2005, NMFS through the establishment of a school permitted vessels. NMFS deemed this
anticipates the full September time- BFT reserve (64 FR 29090, May 28, modest increase as appropriate because
period subquota will not be harvested. 1999; 64 FR 29806, June 3, 1999). The of concerns regarding how the default
This could result in a potential ICCAT recommendation allows for one BFT retention limit might impact
excessive rollover into the October interannual adjustments for charterboat operations late in the season
through January time-period. Adding an overharvests and underharvests, particularly where long distances must
excessive amount of unused quota from provided that the 8 percent landings be traveled to locate BFT as well as a
one time-period subquota to the limit is not exceeded over the applicable concern that a recreational retention
subsequent time period subquota is four-consecutive-year period. The 2005 limit of less than three BFT per vessel
undesirable because it effectively fishing year is the third year in the per day/trip may not provide reasonable
changes the time-period subquota current accounting period. This multi- fishing opportunities for charter/
allocation percentages established in the year block quota approach provides headboats, which carry multiple fee-
HMS Fishery Management Plan (FMP). NMFS with the flexibility to enhance paying passengers. Thus, NMFS adjusts
This issue has been discussed fishing opportunities and to collect the daily BFT retention limit, in all
extensively during public comment information on a broad range of BFT areas, for vessels permitted in the HMS
periods for annual BFT quota size classes while minimizing the risk of Charter/Headboat category, effective
specification and during HMS Advisory overharvest of the school size class. September 1, 2005, through September
Panel meetings. Implementing regulations for the 30, 2005, inclusive, to three BFT per
Therefore, based on a review of dealer Atlantic tuna fisheries at § 635.23 set the vessel per day/trip, consisting of BFT
reports, daily landing trends, available daily recreational retention limits for measuring 27 to less than 73 inches (69
quota, and the availability of BFT on the BFT and allow for adjustments to the to less than 185 cm) CFL in the school,
fishing grounds, NMFS has determined daily recreational retention limits in large school, or small medium size
that an increase in the General category order to provide for maximum classes. Of the three BFT, a maximum
daily BFT retention limit effective from utilization of the Angling category quota of two school BFT are allowed per
September 1, 2005, through September over the longest possible period of time. vessel per day/trip, measuring 27 to less
30, 2005, inclusive, is warranted. Thus, NMFS may increase or decrease the than 47 inches (69 to less than 119 cm)
the general category daily retention retention limit for any size class BFT or CFL.
limit of two large medium or giant BFT change a vessel trip limit to an angler
limit or vice versa. Such adjustments to Effective October 1, 2005, through
per vessel per day/trip (see Table 1) will May 31, 2006, the default daily
be extended through September 30, the retention limits may be applied
separately for persons aboard a specific recreational retention limit of one
2005. Starting on October 1, 2005,
vessels type, such as private vessels, school, large school, or small medium
through January 31, 2006, inclusive, the
headboats and charter boats. BFT measuring 27 to less than 73 inches
General category default daily BFT
On June 7, 2005 (70 FR 33039), NMFS (69 to less than 185 cm) CFL, per vessel
retention limit of one large medium or
adjusted the daily recreational retention per day/trip will apply in all areas, for
giant BFT per vessel per day/trip will
limit, in all areas, for vessels permitted all vessels permitted in the HMS
apply. It is highly likely that, with a
in the HMS Charter/Headboat category, Charter/Headboat category.
combination of the default retention
limit starting on October 1, 2005, and to three BFT per vessel per day/trip, HMS Angling Category Daily Retention
the large amount of General category consisting of BFT measuring 27 to less Limits
quota available, there will be sufficient than 73 inches (69 to less than 185 cm)
quota for the coastwide General category CFL in the school, large school, or small For privately owned and operated
season to extend into the winter months medium size classes. Of the three BFT, recreational vessels, permitted in the
and allow for a southern Atlantic fishery a maximum of two school BFT were HMS Angling category, the daily
to take place on an order of magnitude allowed per vessel per day/trip, recreational retention limit will remain
of prior years. measuring 27 to less than 47 inches (69 at one school, large school, or small
The intent of this adjustment is to to less than 119 cm) CFL. This retention medium BFT measuring 27 to less than
allow for maximum utilization of the limit remained in effect through July 31, 73 inches (69 to less than 185 cm) CFL,
U.S. landings quota of BFT while 2005, inclusive. Starting on August 1, per vessel per day/trip effective June 1,
maintaining an equitable distribution of 2005, inclusive, the daily retention limit 2005 through May 31, 2006, inclusive.

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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations 48493

Monitoring and Reporting Classification show that a limited increase in the


The Assistant Administrator for recreational BFT retention limit is
NMFS selected the daily retention possible for the HMS Charter/Headboat
limits and their duration after Fisheries, NOAA (AA), finds that it is
impracticable and contrary to the public fleet while minimizing risks of
examining current and previous fishing exceeding the ICCAT allocated quota
year catch and effort rates, taking into interest to provide prior notice of, and
an opportunity for public comment on, and the school limit recommendation.
consideration public comment on the
options to achieve the ICCAT this action. Delays in increasing the retention
recommended four-year average 8 NMFS has recently become aware of limits would be contrary to the public
percent tolerance on harvest of school increased availability of large medium interest. Such delays would adversely
BFT, and inseason management and giant BFT on the New England affect those General and HMS Charter/
measures for the General and HMS fishing grounds. This increase in Headboat category vessels that would
Charter/Headboat categories received abundance provides the potential to otherwise have an opportunity to
during the 2005 BFT quota increase General category landings rates harvest more than one BFT per day and
specifications rulemaking process, and for the New England fishery if would further exacerbate the problem of
analyzing the available quota for the participants are authorized to harvest quota rollovers, and/or lack of booked
2005 fishing year. NMFS will continue two large medium or giant BFT per day. charters. Limited opportunities to access
Also, since the end of the 2005 BFT the respective quotas may have negative
to monitor the BFT fishery closely
specification comment period to the social and economic impacts to U.S.
through dealer landing reports, the
present day, the HMS Management fishermen that either depend on
ALRS, state harvest tagging programs in
Division has continued to receive more catching the available quota within the
North Carolina and Maryland, and the
information refining its understanding time-periods designated in the HMS
Large Pelagics Survey. Depending on
of both the commercial and charter/ FMP, or depend on multiple BFT
the level of fishing effort and catch rates
headboat sectors’ specific needs retention limits to attract individuals to
of BFT, NMFS may determine that
regarding BFT retention limits. The book charters. For both the General and
additional retention limit adjustments
regulations implementing the HMS FMP the HMS Charter/Headboat sectors, an
are necessary to ensure available quota
provide for inseason retention limit adjustment to the retention limits needs
is not exceeded or, to enhance scientific adjustments in order to respond to the
data collection from, and fishing to be done as expeditiously as possible
unpredictable nature of BFT availability for the impacted sectors to benefit from
opportunities in, all geographic areas. on the fishing grounds, the migratory
Additionally, NMFS may determine that the adjustment.
nature of this species, and the regional
an allocation from the school BFT variations in the BFT fishery. Therefore, the AA finds good cause
reserve is warranted to further fishery Adjustment of retention limits is also under 5 U.S.C. 553(b)(B) to waive prior
management objectives. necessary in order to avoid excessive notice and the opportunity for public
Closures or subsequent adjustments to quota rollovers to subsequent General comment. For all of the above reasons,
the daily retention limits, if any, will be category time-period subquotas. and because this action relieves a
published in the Federal Register. In Recreational size class BFT restriction (i.e., current, default
addition, fishermen may call the traditionally start to migrate during the retention limit is one fish per vessel/trip
Atlantic Tunas Information Line at (888) early fall and are currently available in but this action relaxes that limit and
872–8862 or (978) 281–9260 for updates the northern area. NMFS has already allows retention of more fish), there is
on quota monitoring and retention limit provided a window of enhanced fishing also good cause under 5 U.S.C. 553(d)
adjustments. All BFT landed under the opportunities to HMS Charter/Headboat to waive the 30-day delay in
Angling category quota must be reported vessels operating off the coast of mid- effectiveness.
within 24 hours of landing to the NMFS Atlantic states from mid-June through This action is being taken under 50
ALRS via toll-free phone at (888) 872– July. In order to balance concerns CFR 635.23(a)(4) and is exempt from
8862; or the Internet regarding continued utilization of review under Executive Order 12866.
www.nmfspermits.com; or, if landed in available quota with not exceeding
Authority: 16 U.S.C. 971 et seq. and 1801
the states of North Carolina or allotted amounts providing for et seq.
Maryland, to a reporting station prior to reasonable fishing opportunities along
offloading. Information about these state the entire Atlantic coast, NMFS needs to Dated: August 12, 2005.
harvest tagging programs, including act promptly to provide enhanced Anne M. Lange,
reporting station locations, can be fishing opportunities to northern area Acting Director, Office of Sustainable
obtained in North Carolina by calling fishermen similar to those previously Fisheries, National Marine Fisheries Service.
(800) 338–7804, and in Maryland by provided to the mid-Atlantic area. [FR Doc. 05–16386 Filed 8–15–05; 3:54 pm]
calling (410) 213–1531. Preliminary recreational BFT data also BILLING CODE 3510–22–S

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